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jerryDan Pfeiffer
Senior Advisor
The White House
@Pfeiffer44

 

Dear Mr. Pfeiffer,

I am in receipt of your letter that you emailed out on July 30th of this year in which you complained about the House Republicans voting to sue President Obama for using his executive authority.  There are a number of inaccuracies in your letter, the first of which was that they voted to sue him for using his executive authority.  I found the following on Wikipedia:

“On July 30, 2014, the Republican-led House approved a resolution authorizing Speaker John Boehner to sue President Barack Obama over claims he exceeded his executive authority in changing a key provision of the Affordable Care Act (‘Obamacare’) on his own [17] and over what Republicans claimed had been ‘inadequate enforcement of the health care law,’ which Republican lawmakers opposed. In particular, ‘Republicans objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage’ [18]” (http://en.wikipedia.org/wiki/Executive_order)

Now after all the fight, after all the mud-slinging; after dragging this out through the Supreme Court and finally cramming it down the Nation’s throat, President Obama decided that he would make changes on key points of the law.  He made these changes without going through congress, he had no authority, either implied or specifically stated, in the Constitution.  He just wrote an executive order and decided that this is the way it was going to be.  This is an abuse of his power, and this is what the house Republicans want to sue him for.

In your letter you state:

“The President is not going to back away from his efforts to use his authority to solve problems and help American families. In fact, tomorrow, President Obama will announce his next executive action to crack down on federal contractors who put workers’ safety and hard-earned pay at risk.”

Mr. Pfeiffer, would you please show me in the constitution where the President has the right to make such laws.  Notice the following:

Constitutional Powers of the President

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years….

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

  1. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/prespowers.html

 

Also notice:

United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law[1]when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Like statutes or regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree laws will be enforced, dealing with emergencies, waging war, and in general fine policy choices in the implementation of broad statutes.

Basis in United States Constitution [edit]

There is no constitutional provision nor statute that explicitly permits executive orders. The term “executive power”Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration “take Care that the Laws be faithfully executed” made in Article II, Section 3, Clause 5, else he faces impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President’s sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. [4]

The Office of the Federal Register is responsible for assigning the Executive order a sequential number after receipt of the signed original from the White House and printing the text of the Executive order in the daily Federal Register and Title 3 of the Code of Federal Regulations.[5]

Other types of orders issued by “the Executive” are generally classified simply as administrative orders rather than Executive Orders.[6] These are typically the following:

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the Executive branch of government.[7]Some types of Directives are the following:

http://en.wikipedia.org/wiki/Executive_order

Presidents have the right to write executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself.  That does not give him the right to go outside of those agencies within the executive branch.  Now while the executive branch does include the Department of Commerce, he oversteps his bounds there:

“The Department of Commerce is the government agency tasked with improving living standards for all Americans by promoting economic development and technological innovation.

The department supports U.S. business and industry through a number of services, including gathering economic and demographic data, issuing patents and trademarks, improving understanding of the environment and oceanic life, and ensuring the effective use of scientific and technical resources. The agency also formulates telecommunications and technology policy, and promotes U.S. exports by assisting and enforcing international trade agreements.

The Secretary of Commerce oversees a $6.5 billion budget and approximately 38,000 employees”  (http://www.whitehouse.gov/our-government/executive-branch).

He may write orders to help the department of commerce do its job; carry out its mission which is to improve living standards for all Americans by promoting economic development and technological innovation.  He may NOT, however, write an order threatening contractors whether they are putting their workers at risk or not.  That is simply NOT within his purview.  That is within the venue of the JUDICIAL BRANCH of the government.

On July 21st of this year, President Obama wrote an executive order that would forbid any business owner or contractor of faith from having contracts with the federal government unless they agreed with this administration’s view of sexual orientation and gender id.  He has no right to sign such an order and make it illegal for Americans not to follow it.  His executive orders are violations of the Constitution of the United States that many of us went to war to uphold; a constitution that he never spent one day defending in any kind of war, and the constitution that he clearly stated that he believes is out of date.

Mr. Pfeiffer, this president has violated the constitution more times than any other president I have ever heard of; I am 60 years old.  I hope and pray that the House Republicans do sue him for that is one action that I will back them on fully.

For Freedom’s Sake

Jerry D. McDonald

jerry@challenge2.org

 

 

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This was sent to me by the White House complaining  because the House Republicans voted to sue the President for abusing his executive powers.  I will follow up in a separate post. jdm

***********

The House of Representatives just took a vote — and it wasn’t to raise the minimum wage, put in place equal pay, create jobs, or reform our broken immigration system.

Instead, the Republican-controlled House of Representatives just voted to sue the President for using his executive authority. This lawsuit will waste valuable time and potentially millions of taxpayer dollars.

This is the least productive Congress in decades. And instead of doing their job, they are suing the President for doing his.

The President is committed to making a difference for the millions of hardworking Americans trying to do right by their families and communities. While Republicans in Congress continue to waste taxpayer money, this President is going to keep doing his job.

If you’re doing your own job — and you support President Obama doing his — add your name.

President Obama remains ready and willing to work with Republicans in Congress if they decide to get serious and do something for the American people. But he is also committed to acting even as Congress won’t. You’ve seen that time and time again this year — from raising the federal minimum wage on new federal government contracts, to expanding apprenticeship opportunities and making student loan payments more affordable.

The President is not going to back away from his efforts to use his authority to solve problems and help American families. In fact, tomorrow, President Obama will announce his next executive action to crack down on federal contractors who put workers’ safety and hard-earned pay at risk. It’s just the next in a series of steps this Administration will be taking this year to make sure that American workers are getting a fair deal, and he has pledged to take executive action to deal with our broken immigration system in the months ahead.

That’s what this President is focused on. If you want to see it continue, and are sick and tired of stunts like the House Republicans’ lawsuit, then say so:

http://www.whitehouse.gov/doing-his-job

Thanks,

Dan

Dan Pfeiffer
Senior Advisor
The White House
@Pfeiffer44

 

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jerrySeveral weeks ago Barry Grider preached an excellent lesson on marriage, at the MSOP lectureship, showing that Marriage was only between a man and a woman.  I asked him for permission to send his lesson to President Obama, and he authorized me to do so.  So I sent it to him, and what follows is a response that he sent me:

*******************************

The White House, Washington

Thank you for writing.  We must stand united to protect liberty and justice for all our citizens, including lesbian, gay, bisexual, and transgender (LGBT) Americans.

Since I took office, my Administration has worked to broaden opportunity, advance equality, and level the playing field for LGBT people and communities.  We have fought to secure justice for all under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, and we have taken action to end housing discrimination based on sexual orientation and gender identity.  We expanded hospital visitation rights for LGBT patients and their loved ones, and under the Affordable Care Act, we ensured that insurance companies will no longer be able to deny coverage to someone just because they are lesbian, gay, bisexual, or transgender.  Because we understand that LGBT rights are human rights, we continue to engage with the international community in promoting and protecting the rights of LGBT persons around the world.  Because we repealed “Don’t Ask, Don’t Tell,” gay, lesbian, and bisexual Americans can serve their country openly, honestly, and without fear of losing their jobs because of whom they love.  And because we must treat others the way we want to be treated, I personally believe in marriage equality for same-sex couples.

More remains to be done to ensure every single American is treated equally, regardless of sexual orientation or gender identity.  Moving forward, my Administration will continue its work to advance the rights of LGBT Americans.  Following the Supreme Court’s decision to strike down the discriminatory Defense of Marriage Act (DOMA), we will ensure the ruling—including its implications for Federal benefits and obligations—is implemented swiftly and smoothly.  I have also urged Congress to pass the bipartisan Domestic Partners Benefits and Obligations Act, and a fully inclusive Employment Non-Discrimination Act.  Adoption rights must be secured for LGBT families, and we need to ensure our children are free to learn in supportive environments in school.  For information about my commitment to preventing bullying and harassment, along with resources for those facing bullying, please visit http://www.WhiteHouse.gov/ItGetsBetter and http://www.StopBullying.gov.

Thank you, again, for writing.  To learn more about my Administration’s efforts in pursuit of a Nation where all are equal, and all have the full and unfettered opportunity to pursue happiness and live openly and freely, please visit http://www.WhiteHouse.gov/LGBT.

Sincerely,

Barack Obama

Visit WhiteHouse.gov

Amerika

Amerika Part 1

Amerika Part 2

It Has Started

The following video shows the BLM using tasers on civilians who are merely trying to ask questions:

Liberty Institute Petitions U.S. Supreme Court

THURSDAY, MARCH 6, 2014

Liberty Institute Petitions U.S. Supreme Court!

IN THE MILITARY

In December, a federal district judge—spurred on by the ACLU—gave veterans 90 DAYS to take down the historic Mt. Soledad Veterans Memorial Cross in San Diego, although he delayed its destruction to give us time to appeal.

This week, we filed a petition asking the U.S. Supreme Court to hear the case immediately. The Court may decide to allow the Ninth Circuit U.S. Court of Appeals to once again review the case, but due to the unique circumstances and the gravity of this case, Liberty Institute wanted to give the high court an opportunity to take the case now if they choose.

The Mt. Soledad Veterans Memorial has more than 3,500 plaques honoring individual veterans, carefully integrated with a 29-foot cross, a universal symbol of selfless sacrifice and service. People come from across America to visit the Memorial.  The ACLU wants the cross removed because it sits on a small plot of federal land.

WE CAN WIN WITH YOUR HELP
Liberty Institute is confident of the constitutionality of the cross in the context of the historic veterans memorial ,its history and purpose.   Strong precedent, including decisions by the U.S. Supreme Court,  supports the constitutionality of the Mt. Soledad Veterans Memorial.

And we are working with one of the most respected appellate attorneys in the nation—one of Liberty Institute’s network of top constitutional litigators at a top tier private law firm —to make our client’s case to the Court.

“We must take every measure possible to avoid the nightmare of losing this historic veterans memorial,” said Kelly Shackelford, Liberty Institute’s President and CEO.  “If this cross comes down, then all the crosses at Arlington National Cemetery and elsewhere will be open targets for destruction or removal! Worse, it will be used as a precedent to drive religious freedom into the shadows of our society.”

With our top-ranked staff attorneys and our best-in-class volunteer attorneys, we have the expertise to win.  But to recruit and coordinate such a national network of winning attorneys, we need the help of every supporter.

Because these volunteer attorneys are the “best of the best”—yet donate their time pro bono (free of charge)—every $1 donated to Liberty Institute can result in $6 worth of legal impact on historic cases like Mt. Soledad.

Please consider a special gift at this time—as we fight for the Mt. Soledad Veterans Memorial Cross and simultaneously engage in other legal action for religious liberty across the nation.

Liberty Institute has a 99% win rate . . . including in similar cases before the U.S. Supreme Court, where we have defeated the ACLU.

But we can only keep winning if Americans like you keep financially supporting us—especially at challenging moments like this one.

Cavuto Takes On Obama

Here We Go!

jerryRead the following article.  John Kerry has signed, on behalf of Obamam, the UN Arms Trade Treaty, which if inacted will mean that the UN will have the authority to come your door and collect your firearms.  Please read the article:

http://www.thenewamerican.com/usnews/constitution/item/16618-kerry-signs-un-arms-trade-treaty-civilian-disarmament-advancing

We are now living in a Police State where we have no rights whatever.  You might argue that Congress won’t stand for it, but Obama doesn’t think he needs Congressional approval for what he does anyway.  There was a phrase in the Navy that we heard during our drills for incoming shells:  “Brace for Shock.”  This isn’t a drill, so Brace for Shock.

For Freedom’s Sake

Jerry McDonald

What Is Happening In America?

jerryhttp://www.glennbeck.com/2013/09/23/nudge-to-shove-maryland-dad-arrested-for-asking-questions-about-common-core/

The link, above, leads to an article on Glen Beck.com and it is disturbing, especially to those who served our country in the military and in law enforcement.

For Freedom’s Sake

Jerry McDonald

 

 

 

We the people make Petition for President Obama’s complete and immediate resignation from the office of President.

President Obama violated the constitution when he sent troops into Lybia without congressional approval. He violated the 1st amendment with his Patient Protection Affordable Healthcare Act by making religious business owners who are opposed to abortion/contraception make these things available either directly or through insurance. He violated the first amendment with his NDAA when he cut our civil rights to protest peacefully wherever we see fit. He does not believe in the sanctity of life and even believes that if a baby survives an abortion that it should receive health care. He has driven our economy into the ground and has fixed it to where our great-great grand children willl have to be paying on our debts. For these reasons he no longer deserves to be President.

Please go here to cast your vote